her any settlement she may acquire in her own right, as long as they remain members of her family.

As to an illegitimate child, being nullius filius, it had only its birth settlement, until by stat. 4 & 5 W. 4, c. 76, s. 71, it was enacted, that every illegitimate child born after the passing of that Act (14 Aug. 1834), should have and follow the settlement of the mother, until it attain the age of sixteen or acquire a settlement in its own right (a).

There are some cases, however, in which a person cannot gain a settlement. By stat. 9 & 10 Vict. c. 66, s. 5, persons exempted from the liability to be removed by reason of a five years' residence in a parish shall not acquire any settlement in such parish by such exemption (b). By stat. 35 G. 3, c. 101, s. 2, where an order of removal is suspended on account of sickness of the pauper or any of his family, the pauper during his subsequent residence under the suspension, shall not gain a settlement in the parish by any act done by him (c). But if an estate in the parish come to him by descent, or otherwise than by any act of his, he may gain a settlement by it (d). So, a certificate-man cannot gain a settlement in the parish to which he is certificated, by hiring and service, by apprenticeship, or by payment of rates, &c.; but by stat. 9 & 10 W. 3, c. 11, he may, by renting a tenement, or serving an annual office; or if an estate in the parish come to him by descent, or otherwise than by his own act, he may gain a settlement by it (e).

Having given this brief statement of the origin of settlements, we shall now consider the law of settlement more particularly, treating of it under the following heads, and in the following order :

CHAP. 1. Settlement by Birth, p. 408.

2. Settlement by Marriage, p. 417.
3. Settlement by Parentage, p. 432.

4. Settlement by Hiring and Service, p. 440.
5. Settlement by Apprenticeship, p. 508.

6. Settlement by renting a Tenement, p. 571.

7. Settlement by Estate, p. 625.

8. Settlement by paying Parochial Taxes, p. 660.

9. Settlement by serving Office, p. 672.

10. Settlement of Certificate-men, or their Servants, &c., p. 677.

(a) See post, p. 416.

(b) 9 & 10 Vict. c. 66, s. 5.

(e) 35 G. 3, c. 101, s. 2.

(d) See R. v. Chagford, 4 B. & A. 235.

(e) R. v. Cassington, 2 B. & Ad. 874. Vide post, "Settlement by Certificate-men."

CHAPTER I.

Settlement by Birth.

SECT. 1. Settlement by Birth of Legitimate Children, p. 408. 2. Settlement by Birth of Illegitimate Children born before the 14th August, 1834, p. 412.

3. Settlement of Illegitimate Children born since the 14th August, 1834, p. 416.

SECTION I.

Settlement by Birth of Legitimate Children.

In what cases, 408.
How proved, 409.

Exceptions, 410.

In what cases.] The place of birth in this country of a legitimate child, is deemed prima facie his place of settlement, until some other settlement is proved (a); and this, whether the parents be natives of this country or of Scotland, Ireland (b), or even of a foreign country. Therefore, where it was proved that a pauper was born in the parish of Beard, and it appeared also in evidence that his father resided and kept a publichouse many years at Bolton, yet as the father's settlement was not actually proved, the court held that the place of the pauper's birth must be deemed his place of settlement (c). So, where the pauper's mother proved that he was born at Halaugh, although she also proved that her husband (who was still living) had before his marriage served two years in another parish, but whether under a yearly hiring or not she could not say; yet as the father's settlement was not actually proved, the court held that the place of the pauper's birth must be deemed his place of settlement (d). So, where a woman was removed as "Ann Pitman, widow," and the place of her birth only was proved, the court held that it must be deemed her place of settlement, because her deceased husband's settlement, or that of her father and mother, had not been proved (e). And a birth settlement does not require a forty days' residence to complete it (f). As to the birth in an extra-parochial place, see R. v. Oakmere, post, p. 412.

(a) Ante, p. 406. Whitechapel v. Stepney, Carth. 443. Spitalfields v. St. Andrew, Holborn, Fort. 307. Cripplegate v. St. Saviour's, Fol. 265.

(b) R. v. Preston, 12 Ad. & El. 822; 10 Law J. 22, m.

(c) R. v. Heaton Norris, 6 T. R. 653.

(d) R. v. Whixley, 2 Bott, 18. (e) R. v. Woodford, Cald. 236. (f) R. v. Watford, 18 Law J. 1, m.

and as to birth in a parish, which is afterwards divided into townships for the separate maintenance of the poor, see R. v. Tipton, post, p. 413.

But if the settlement of the pauper's father be proved, then that, and not the place of the pauper's birth, shall be deemed the place of settlement of the pauper (g). Or if the father have no settlement, and the mother's maiden settlement be proved, then the place of the mother's settlement, and not the place of the pauper's birth, shall be deemed the place of settlement of the pauper (h).

How proved.] The legitimacy of the pauper is proved, by proving the marriage of the father and mother, and that the pauper was born after the marriage: proof merely that he was baptized after the marriage, will not of itself be sufficient (¿), unless it appear also that he was at that time so young, that he must have been born after marriage.

As to the place of birth, it may be proved by the father or mother, or by any other person who can prove the fact and the identity of the pauper; but the mere declarations of the father or mother upon the subject, are not evidence, though tendered in evidence after their death (j). In one case, it appears to have been holden that a copy of the registry of the pauper's baptism in a particular parish, together with evidence of his identity, would be sufficient evidence of his being born in that parish (k). But in a more recent case, it was holden that a register of baptism, of itself, is no evidence of the place of birth, although if it were also proved that the child was very young when it was baptized, such proof, coupled with the register, might afford presumptive evidence of its having been born in the parish (1). Even, where a pauper, in his evidence, stated that his first recollection of himself, when about four years old, was that he was in the workhouse at Chatham, and remained there until he was thirteen, and the sessions held that this was no evidence of his being born there: the court thought that the sessions had come to the right conclusion, and refused to disturb it (m). So, where upon the trial of an appeal, the appellants, in order to prove the birth settlement of Elizabeth Britton at Ketton, proved the marriage of her father and mother there in 1749, the baptism of Mary their daughter there in 1751, the baptism of John their son there in 1752, and the baptism of their daughter Elizabeth (the per

son in question) there in 1755, and the baptism of Susannah, another daughter, there in 1756, but the sessions, not being satisfied with this evidence, that Elizabeth was born at Ketton, decided against the settlement: it was contended that, from evidence of so many of the children being baptized at Ketton, the sessions ought to have inferred that Elizabeth was born there but the court said, that if the question intended to be submitted to them was, whether the sessions were bound to come to the conclusion that Elizabeth was born at Ketton, from the evidence adduced, they should say certainly not; and they therefore confirmed the order of sessions (2).

Exceptions.

Children born in prisons or lying-in hospitals, 410.

Children born out of England and Wales, 411.

Children born in workhouses | Children of certificate-men, of unions, &c. 410.

411.

Children born in prisons or lying-in hospitals.] By stat. 54 G. 3, c. 170, s. 2, no person shall be deemed or taken to acquire any settlement in any district, parish, township, or hamlet, by reason of such person being born of the body of any mother actually confined as a prisoner within the walls of any prison there, or in any house there licensed for the reception of pregnant women, in pursuance of an Act made and passed in the thirteenth year of his present Majesty's reign, for the better regulation of lying-in hospitals, and other places appropriated for the charitable reception of pregnant women (a).

Children born in workhouses of unions, &c.] By stat. 54 G. 3, c. 170, s. 3, whensoever any person shall be born of the body of any poor person, in any house of industry or house for the reception and care of the poor of any district, parish, township, or hamlet, which shall be locally situated in any district, parish, township, or hamlet contributing to the expenses of maintaining the poor in such house, or in any other district, parish, township, or hamlet contributing to such expense, such person shall, so far as regards the settlement of such person, be deemed and taken to be born in the district, parish, township, or hamlet, by whom the mother of such person was sent to, and on whose account the mother of such person was received and maintained, in such house (b). And

(2) R. v. Lubbenham, 5 B. & Ad. 968. See also R. v. St. Katherine near the Tower, Id. 970, in notis.

(a) 54 G. 3, c. 170, s. 2. See 13

G. 3, c. 82, ss. 3, 5. R. v. Manchester, 4 B. & A. 504.

(b) 54 G. 3, c. 170, s. 3. See 20 G. 3, c. 36, s. 2.

now by stat. 7 & 8 Vict. c. 101, s. 56, the workhouse of a union shall be deemed to be in the parish to which each poor person therein relieved is or has been chargeable.

And

Children born out of England and Wales.] Persons born abroad, or even in Ireland, Scotland, Jersey, or Guernsey, or elsewhere out of England and Wales, have no settlement, of course, in England or Wales unless they acquire it in their own right, or derive it by marriage or parentage as hereinafter mentioned. But a foreigner may gain a settlement in this country (c). So may an Irishman, Scotchman, &c. children born in this country of Irish or Scotch parents who have no settlement, are entitled to their settlement by birth as soon as they are emancipated; and if they or their wives or children afterwards become chargeable, they may be removed to the place of their birth, as in ordinary cases (d). Where two children, born in the parish of Sheffield, of Irish parents, who had never gained a settlement in this country, became chargeable to the parish of All Saints, Derby, where their father had resided for a short time; their mother was dead, and their father had deserted them, and had not since been heard of: the court held that they were removable to Sheffield, as the place of their settlement; they could not be removed to Ireland under stat. 8 & 9 Vict. c. 117, for that statute only relates to an Irish person, who, by himself or by his wife or children, becomes chargeable, and he must be one of those removed; but here the children were English, and they could not be removed alone (e). So, where a girl, born in the parish of St. James, Westminster, of Irish parents, who had no settlement in England, was removed to St. James's; and it appeared that about the age of 17, she left her father's house without his consent, and went to live with a labouring man, as his wife, in the parish of St. Giles, and had several children by him; and upon his death, becoming chargeable, she was removed from St. Giles to the parish of St. James, as the place of her settlement: the court held that she was properly removed; she could not be removed to Ireland without her father, and the father could not be removed, for he was never in St. Giles's, the removing parish (ƒ).

Children of certificate-men.] The child of a certificateman, born in the parish to which the father is certificated, has no settlement there by birth, even although the father were not married until after the certificate was granted (g). Nor

(c) R. v. Eastbourne, 4 East,

103.

(d) R. v. Preston, 10 Law J. 22, m.; 12 Ad. & El. 822.

(e) R. v. All Saints, Derby, 19 Law J. 14, m.

(f) R. v. St. Giles without Cripplegate, 21 Law J. 26, m. (g) See R. v. Sherbourne, Burr. S. C. 182.